I 

112TH CONGRESS 

1ST SESSION H. R. 1436 

To amend the Atomic Energy Act of 1954 to require a nuclear power 

facility licensee to notify the Nuclear Regulatory Commission and the 

State and county in which the facility is located within 24 hours of 

an unplanned release of radionuclides in excess of allowable limits, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 7, 2011 

Mr. SMITH of New Jersey introduced the following bill; which was referred 

to the Committee on Energy and Commerce 

A BILL 

To amend the Atomic Energy Act of 1954 to require a 

nuclear power facility licensee to notify the Nuclear Regulatory Commission and the State and county in which 

the facility is located within 24 hours of an unplanned 

release of radionuclides in excess of allowable limits, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. NOTICE REQUIREMENT FOR RADIONUCLIDES 

2 RELEASE. 

3 Section 103 of the Atomic Energy Act of 1954 (42 

4 U.S.C. 2133) is amended by inserting after subsection d. 

5 the following: 

6 ‘‘e.(1) Each license issued for a production or utiliza7 tion facility under this section or section 104 b. shall re8 quire as a condition of the license that, in the case of an 

9 unplanned release described in paragraph (2), the licensee 

10 notify, not later than 24 hours after such unplanned re11 lease, the Nuclear Regulatory Commission and the govern12 ments of the State and county in which the facility is lo13 cated of such unplanned release. 

14 ‘‘(2) Paragraph (1) applies to— 

15 ‘‘(A) any unplanned release of quantities of 

16 radionuclides in excess of allowable limits for normal 

17 operation established by the Commission or other 

18 applicable Federal laws or standards; and 

19 ‘‘(B) any unplanned release of quantities of 

20 radionuclides within allowable limits for normal op21 eration established by the Commission and other ap22 plicable Federal laws or standards, but that occurs 

23 more than twice within a 2-year period originating 

24 from the same source, process, or equipment at the 

25 facility. 


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1 ‘‘(3) Violation of the condition prescribed by para2 graph (1) of this subsection may, in the Commission’s dis3 cretion, constitute grounds for license revocation. 

4 ‘‘(4) In accordance with section 187 of this Act, the 

5 Commission shall promptly amend each license for a pro6 duction or utilization facility issued under this section or 

7 section 104 b. which is in effect on the date of enactment 

8 of this subsection to include the provisions required under 

9 this subsection. 

10 ‘‘(5) Not later than 180 days after the date of enact11 ment of this subsection, the Commission shall establish 

12 and maintain, on the Internet website of the Commission, 

13 a database of all notifications received by the Commission 

14 of unplanned releases described in paragraph (2) and 

15 allow the public to search such database for such notifica16 tions of unplanned releases by licensee.’’. 

Æ 


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